The Internal Revenue Service's guidance on the president's Payroll Tax Deferral executive order was issued on Aug. 28, just four days before it was set to take effect. Revisions to the W2 and 941 Employer Payroll Tax Reporting form have yet to be drafted. Payroll companies have not finalized payroll programs to defer this withholding for four months. It is unlikely that Congress will pass legislation to suspend the tax. Therefore, workers will have to pay double payroll tax in the first four months of 2021. Companies will be liable for payments for workers who have retired or have left the company. Congress could challenge the IRS guidance on President Trump's payroll tax deferral order. The Government Accountability Office stated that it does not need to issue a legal decision on whether the IRS' notice implementing the order is a rule subject to the Congressional Review Act, as it's automatically a rule based on the way the order was submitted. Click here for a series of FAQs from our partners at the Finishing Contractors Association that provide more clarification on payroll tax deferrals.